EDWARD WAYNE JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

State: Texas

Court: Texas Northern District Court

Docket No: 05-07-00483-CR

Case Date: 11/19/2007

Plaintiff: EDWARD WAYNE JOHNSON, Appellant

Defendant: THE STATE OF TEXAS, Appellee

Preview:EDWARD WAYNE JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
AFFIRMED; Opinion Filed November 19, 2007.
In The Court of Appeals Fifth District of Texas at Dallas ............................ No. 05-07-00483-CR ............................ EDWARD WAYNE JOHNSON, Appellant
V. THE STATE OF TEXAS, Appellee ............................................................. On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F03-25763-RK ............................................................. OPINION Before Justices O'Neill, Richter, and Lang Opinion By Justice Lang
Edward Wayne Johnson waived a jury and pleaded guilty to unlawful possession of less than one gram of cocaine. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on three years' community supervision, and assessed a $500 fine. The State later moved to proceed with adjudication of guilt, alleging appellant violated the terms of his community supervision. The trial court found the allegations true, adjudicated appellant guilty, and assessed punishment at two years' confinement in a state jail facility. In three points of error, appellant contends the trial court abused its discretion in assessing an unreasonable sentence and the sentence violates the United States and Texas Constitutions. We affirm.
Appellant argues the sentence constitutes cruel and unusual punishment, in violation of the United States and Texas Constitutions, and the trial judge assessed an unreasonable sentence. See U.S. Const. Amend. VIII, XIV; Tex. Const. art. 1,

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